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An Enforcement Official's Reflections on Antitrust Class Actions

Abstract

Class actions, once central to antitrust practice, declined sharply in importance after 1981, but may now be enjoying a renaissance. The importance of such actions for deterrence, however, has declined because government antitrust sanctions have increased substantially. When examining an antitrust class action, therefore, courts should carefully assess whether and how the action promotes supplemental deterrence, compensation, or identification of wrongdoing. Concerns about the potential costs of antitrust class actions can be allayed by the courts' continued ability to consider the antitrust merits at relatively early stages and by the empirical fact that such actions (and especially the successful ones) concentrate on the accepted core of antitrust.

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39 Ariz. L. Rev. 413 (1997)

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Authors

Stephen Calkins (Federal Trade Commission)

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